Terms and Conditions

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Terms and Conditions:

The following terms and conditions are important and govern the contract you are entering with SAILING SCHOOL BRITTANY SARL on one of their vessels or whilst at the shore facilities.

For the Navathome online theory terms and conditions please click here.

Definitions:

Sailing School Brittany SARL: Hereafter referred to as the Company.

Course: Sailing courses, leisure sailing and ancillary activities organized by The Company.

Client: A Person who has paid a fee and participates in a sailing activity organized by The Company

 

1.      Booking your course.

1.1.     All course participants must be employees or clients of The Company.

1.2.   To secure your booking, the client should complete the Company Booking Form and send it to the address indicated thereon, together with the required 25% non-refundable deposit or the full booking fee, if the client books less than 28 days before the start of the course. A separate booking form is required for each client.

1.3.   Under 18’s are only accepted when sailing with parent or guardian. All Booking Forms for under 18’s to be signed by parent or guardian, stating this fact after the signature.

1.4.   Client deposit and course fee are non-transferable and non-refundable, if cancelled by the client.

1.5.   If for any reason The Company does not accept your booking, any payment received will be returned.

1.6.   The client booking is accepted on the basis that all details in respect of health and sailing experience information provided is true and accurate.

2.      Prices and Payment terms.

2.1.   Prices for courses are shown on the website www.sailingschoolbrittany.com and are available from the Company during normal working hours. These prices, all of which are inclusive of VAT (unless otherwise stated), are subject to change at anytime.

2.2.   A 25% non-refundable deposit is required if the booking is over 28 days from the date of the course. In the event of a course being booked within 28 days of the date of the course start then the full course fee is required at the time of booking, of which 25% represents the non refundable deposit.

2.3.   The balance, if any, of fees due, ’final payment’, is due 28 days prior to the date of the course. If within 27 days prior to the course the Student has not paid the final payment, on the 27th day a reminder will be sent. If 21 days from the date of the course the final payment has not been received The Company reserves the right to cancel the clients booking without any obligation to give you notice thereof.

3.      Amendment and Cancellation by The Company

3.1.   The Company reserves the right to cancel a course before commencement if hostilities, political unrest or other circumstances amounting to ‘force majeure’ occur or if for any reason it is impractical to hold the course. If events as outlined above occur, The Company will advise you and will offer you either an alternative course or a refund of monies limited to the course fees paid.

3.2.   Sailing is a sport dependent on the weather. The Company can not be responsible for sailing time lost due to inclement weather. The Company will not be responsible for any expenses incurred if a course fails to finish on the date or at the place specified.

3.3.   The Company reserves the right to provide sailing craft other than those specified on the website.

4.      Amendment and Cancellation by the Client.

4.1.   The Company will make every effort to assist you if you wish to alter any previously agreed arrangements. Requests must be made in writing and signed. Amendments are only effective on receipt of a revised confirmation from The Company.

4.2.   All cancellations must be made in writing and signed. Written cancellation notices should be sent to PEN ER HUERN - 56400 PLUMERGAT – FRANCE. Recorded delivery is recommended. Cancellations are effective from the date of receipt by The Company.

4.3.   In the event of a cancellation being notified to The Company more than 28 days prior to commencement of the course, all monies paid will be refunded with the exception of the non-refundable deposit. (clause 2.2)

4.4.    In the event of a cancellation being notified to The Company less than 28 days prior to commencement of the course, the client remains liable for the full amount of the fees, and therefore no sums paid will be refunded. However, The Company will endeavour to sell the berth. If successful, in selling this berth and mitigating its costs then the client will only forfeit the deposit.

4.5.   If the client books a course and fails to attend or leaves after the start of the course, the full course fee is forfeited.

5.      Insurance.

5.1.   The Company carries insurance to cover tuition, public liability and employer’s liability. A copy of the Company’s policy is available for inspection at the Company’s offices by any client. By accepting these terms and conditions, clients accept that The Company’s insurance cover is adequate and acceptable.

5.2.   It is a condition of participation on any Company course that you maintain full comprehensive insurance cover throughout the period of the course.

5.3.   RISKS NOT COVERED our insurance does not cover accidents occurring when using any form of private vehicle. Neither does it cover risks involved in journeys to and from The Company Sailing Centres. You are strongly advised to purchase your own personal Holiday and Travel Insurance to cover such eventualities as cancellation, curtailment, loss of personal possessions, money and repatriation.

6.      The Company Responsibilities.

6.1.   Under no circumstances will The Company accept liability for loss of life, personal injury or illness where there has been no fault on the part of The Company, its employees or skippers. Further, The Company will not accept liability for loss of life, personal injury or illness where these occur because clients fail to carry out the instructions of The Company Principal or Instructors or employees.

6.2.   The Company undertakes to pay all running expenses of the course including scheduled harbour and port dues, pilotage fees, fuel and gas. The Company does not undertake to pay any expenses incurred if the client chooses to go ashore.

6.3.   The Company also undertakes to use reasonable endeavours to fulfil the course within the planned period and to return the vessel to the homeport on the date and by the time specified on the booking confirmation. However, The Company is not liable for any loss incurred in the event that conditions beyond its control make this impossible to achieve.

6.4.   The Company will attempt to give clients maximum sea time. However, if in the opinion of the instructor, weather conditions, safety or any if other consideration renders it imprudent, the instructor’s decision is final.

6.5.   Course availability is subject to sufficient operating levels. Any booking affected by operating levels will be offered an alternative date, an alternative course or a full refund.

6.6.   The Company will not be responsible for damage or loss of personal effects and property brought on the vessel or Company premises. The Company does not accept any responsibility or liability for any loss or damage incurred while attending a course.

6.7.   A waiver by The Company of any of the terms and/or conditions herein contained shall not constitute a general waiver of such terms and/or conditions.

6.8.   The only terms and conditions of agreement between The Company and its clients are those contained herein and a client is deemed to have accepted these terms and conditions by making a full or part payment for a course.

7.      Client Responsibilities.

7.1.   At the time of booking a course the client must complete and return the Health Declaration on the Booking Form. This does not mean we cannot accept clients with health problems but must be informed of them. When any doubt as to whether the client is fit to undertake the course or not exists we will accept a letter of certification from the client’s doctor. If the client is under 18 years a parent or guardian must sign the Health Declaration. If you fail to comply with these requirements you may not participate in the course and your fee will be forfeited.

7.2.   The Company operates a strict policy of no smoking or use of illegal substances on its vessels; clients agree to adhere to this policy.

7.3.   Any client on a course believed to be using or under the influence of non prescribed drugs, under the influence of alcohol, aggressive towards other clients or the instructor, abusive, racist, sexist or any anti-social behaviour will be asked to leave the vessel immediately. Taken to the nearest port or landing point without refund or any liability to The Company.

7.4.   Travel documents and travel arrangements to and from the booked course are your own responsibility.

7.5.   The client shall ensure they have their own insurance and we recommend having a valid EHIC.

7.6.   The client is responsible for taking care of the vessel on which the course is conducted. In the event of damage being inflicted on the vessel then you are obliged to report details of the incident to your Instructor and the principal and at the earliest opportunity. The Company reserve the right to charge pro rata for any damage sustained.

7.7.   All sporting activities carry an element of risk of personal injury and clients accept that they undertake the course at their own risk. The Company is not responsible for any injury or damage that is caused to the client while on Company premises, pontoons, ladders or vessels unless negligence is proved on part of the company. All clients participate in courses at their own risk.

7.8.   All clients accept that as an RYA accredited sailing school, where on courses where certification applies, certificates will only be issued at the end of the course and if, in the opinion of the instructor and principal, the client has achieved the required standard. The Company decision is final and shall be accepted by the client.

7.9.   All clients accept that part of the course requires them to participate in cooking, cleaning and routine maintenance as required by the Instructor. All clients are required, at the end of the course, to participate in the vessel wash down and the cleaning of their cabin area.

7.10. Clients accept that The Company will not be responsible for damage or loss of personal effects and property brought on the vessel or Company premises.

8.      General

8.1.   Any complaint for any reason must be made initially in person to the on-duty Instructor, and if unsatisfied in person to the principal if still unresolved in writing to the principal, whom will in turn reply within 2 days to acknowledge receipt. Then after investigation the principal will reply in writing within 14 days of date of acknowledgement.

8.2.    Any dispute arising out of, or in connection with these terms and conditions which cannot be settled amicably may be referred to a competent person, to be appointed by agreement between the parties and in default of agreement by the Tribunal de Commerce and such competent person shall act as an expert and not as an arbitrator and accordingly his decision shall be final and shall bind the parties hereto. The client has the right to file a complaint with the RYA.

8.3.   These Booking Conditions shall be governed by and construed in accordance with the laws of La République Française and the European Union.